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You are here: Home / Archives for Foreign Affairs / Military / Chelsea Manning

Chelsea Manning

Private Manning Remains Controversial

by Anne Laurie|  August 27, 201310:29 pm| 143 Comments

This post is in: Chelsea Manning, Gay Rights are Human Rights

From the Washington Post:

PROVIDENCE, R.I. — Army Pvt. Chelsea Manning, who was previously known as Bradley Manning, wants estrogen treatments that would promote breast development and other female characteristics, which she’d be willing to pay for, while she’s incarcerated at the all-men military prison at Fort Leavenworth, Kan., her lawyer said.

Attorney David Coombs told The Associated Press on Monday that Manning hoped the military prison “will simply do the right thing” based on their request for hormone treatment so the soldier will not have to sue in military or civilian court. Coombs said at this point, Manning does not want sex-reassignment surgery and expects to be kept with men in prison where she’s serving time for leaking mountains of classified material to the anti-secrecy website WikiLeaks…

It wasn’t until they read a Courthouse News Service story that Manning decided to make the announcement. The story quoted prison spokeswoman Kimberly Lewis saying the prison would not provide hormone therapy. It was published Aug. 20, the day before Manning was sentenced to 35 years in prison for the leaks.

“It was Chelsea’s intent to do this all along,” Coombs said. “It was only after Fort Leavenworth had said that they would not provide any sort of medical treatment that we decided not to wait.”

Coombs said at this point, Manning does not want sex-reassignment surgery and expects to be kept with men in prison. Also, Coombs said he had seen online people objecting to taxpayer-funded hormone therapy and said if the Army wouldn’t pay for it, Manning would…

“It’s just to be comfortable in her own skin,” Coombs said…

In related news, turns out the Army really does represent all America, though not always officially, per Slate:

Brynn Tannehill is a former Navy helicopter pilot who condemns the actions of Bradley—now Chelsea—Manning. Tannehill used to fly naval attack helicopters, not entirely unlike the Apache helicopters shown in “Collateral Murder,” the video Manning sent to WikiLeaks revealing U.S. air strikes in Baghdad that left two Reuters journalists and a number of unarmed people dead. But after working as a pilot and analyst over 10 years and four deployments, Tannehill had to drop out of the military in 2010, when she began transitioning from a man to a woman.

Tannehill, who is now the director of advocacy at SPART*A, an organization that advocates for the rights of trans men and women serving in the military, worries Manning’s actions reflect badly on trans service members. “If you’re wondering if she’s being embraced as a hero in the military trans community, she is absolutely not,” Tannehill says. “People in our group can empathize with the strain that being transgender and closeted in the military causes, but we do not in any way, shape, or form think this excuses or mitigates what she did.”

The U.S. military doesn’t allow openly trans men and women to serve, even though it’s estimated that 20 percent of trans people have served, compared to 10 percent of the general U.S. population….

Private Manning Remains ControversialPost + Comments (143)

Manning Sentencing Open Thread UPDATE Sentenced to 35 years.

by Soonergrunt|  August 21, 201310:10 am| 218 Comments

This post is in: Chelsea Manning, Open Threads

Judge (COL) Denise Lind is going to issue PFC Manning’s sentence here in the next few minutes (1000hrs Eastern time).

A few quick notes–PFC Manning has 1312 days of sentence credit, including 110 days for unnecessarily harsh conditions at Quantico  Marine Base Brig.  That’s about 3.5 years give or take.  Additionally, he will receive 5 days of sentencing credit for every 30 days of good behavior, and this works out to approximately 60 days per year.  Any sentence of less than 10 years will be served at a Regional Confinement Facility, such as the Midwest Joint Regional Correctional Facility on the grounds of Fort Leavenworth, KS.  This is not part of the big military prison there, but rather a separate facility.  PFC Manning was confined at MJRCF for his pre-trial confinement after transfer from QMB.  Any sentence over 10 years will be served at the US Disciplinary Barracks, which is the big military prison on Fort Leavenworth.

Once the trial is complete, a full record of the trial will be forwarded to the Commanding General of the Military District of Washington, who is the Convening Authority for this court-martial.  He may approve or disprove the findings (guilt or innocence) or the sentence in whole or in part.  Assuming that he approves a sentence in excess of one year of confinement or a punitive discharge (dishonorable or bad conduct discharge) the case will automatically be docketed with the Army Court of Criminal Appeals under Art. 66, UCMJ.  The CA may not increase the punishment adjudged.

ACCA may approve or disprove the findings or the sentence in whole or in part.   They can reduce the sentence, delete the sentence, or return the record of trial to the Convening Authority to convene a new hearing as appropriate.  Once ACCA rules, the accused may appeal to the Court of Appeals of the Armed Forces.  CAAF, assuming they hear the case, may act under the same strictures as ACCA.  The Government can also appeal the case to CAAF by having the The Adjutant General of the Army certify the case to CAAF.  In no case can either ACCA or CAAF increase the punishment.  Assuming that CAAF agrees to hear the case, and then finds against PFC Manning, he will have the right to appeal to the SCOTUS, but only if CAAF hears the case.  If CAAF does not hear the case, then appeal to SCOTUS is not permitted.

While all this is going on, Manning’s sentence will be reviewed by the Army Clemency and Parole Board, which may at their sole unreviewable discretion reduce or eliminate the sentence.

Again, all errors in the preceding are mine and mine alone.  Open Thread.

UPDATE: Accused Fort Hood shooter MAJ Nidal Hassan rested his defense case in his capital Court Martial without calling any witnesses or making any statement.

UPDATE:  Judge Lind has sentenced PFC Manning to 35 years according to persons tweeting form the trial.

UPDATE: Manning will be eligible for parole after 1/3 of his sentence is served.  So about 13 years.  With time off for sentencing credit, that works out to around 9.5 years before parole, and as I mentioned above, there are several levels of review yet to go.

Manning Sentencing Open Thread UPDATE Sentenced to 35 years.Post + Comments (218)

Manning Trial Update and Open Thread

by Soonergrunt|  August 20, 201312:04 pm| 52 Comments

This post is in: Chelsea Manning, Open Threads

I would have posted something yesterday, but I was busy having a tornado shelter installed in my garage.

Again, for the record, I have consulted with Attorneys who practice at the military bar, both locally here in OKC and via email to others.  None of them are associated with the case in any way.  Any errors in my statements are mine and mine alone.  I try very hard to get what they tell me correct, but there’s a reason they are the lawyers and I am the grunt.

show full post on front page

Both the Trial Counsel (Prosecutor) and the Defense rested their sentencing cases and rebuttal witnesses for sentencing yesterday.  Today, Judge Lind begins her deliberations on the question of sentencing.  She could conceivably deliver the sentence at any time.  Unlike US Civilian courts, where sentences are passed down for individual charges and are served either concurrently or consecutively, military sentencing is done as a single composite sentence for all charged offenses.  The Defense, led by Attorney David Coombs, recommended a sentence of no more than 25 years, based upon the idea that some of the classifications of the documents that Manning leaked would expire in 25 years.  The Trial Counsel has recommended a sentence of 60 years.  Several witnesses testified last week in classified sessions about known damage caused by Manning’s actions.  These witnesses included the head of the Joint IED Defeat Organization, the two former military attaches to the US Embassy in Pakistan, the Chief Information Officer for the State Department, the Director of the State Department’s group that deals with political dissidents in other countries, and a couple of other people.  Judge Lind accepted much of the testimony, but also disallowed some of it as either being irrelevant or speculative.  As I had noted in an earlier thread, many defense lawyers at the military bar had speculated that the sentence would be somewhere in the 10 to 20 year range.  When I asked about Coombs’ sentencing case for 25 years or less, it was suggested to me that perhaps something came up in the classified portion of the sentencing hearing that is particularly bad for the defense.

A quick brief on military sentences and appellate procedures–any sentence of less than 10 years will be served at a regional confinement facility.  Any sentence in excess of 10 years will be served at the US Disciplinary Barracks at Fort Leavenworth, KS.  PFC Manning has already been awarded 110 days of credit for the unnecessarily harsh conditions which he experienced during part of his stay in the Quantico Marine Base Brig.  Additionally, he will receive credit on a day for day basis for the time that he has spent in pre-trial confinement since his arrest in May, 2010.  Finally, he will receive 5 days of good-time credit each 30 days that he serves his sentence on good behavior.  This works out to approximately 60 days per year sentencing credit.  Assuming that the sentence includes a punitive discharge or a year or more of confinement, it will automatically be docketed for appeal with the Army Court of Criminal Appeals, under Article 66, UCMJ.  The ACCA may, at their sole discretion review the verdict or the sentence for factual or legal sufficiency–they can throw the whole case out if they believe that the Government didn’t prove the case, in other words.  They may reduce or delete the sentence, but not add to it.  Additionally, the case will automatically be docketed with the Army Clemency and Parole Board, a board whose sole responsibility and authority (also unreviewable) is to determine whether or not a court-martial sentence can be reduced in accordance with the needs of the Army, and lastly (although this will happen first) is the clemency plea that will be attached to the Convening Authority’s action.  Any findings and sentence at a General or Special Court-Martial is subject to approval and execution by the Convening Authority who initiated the charges, and under whose command the accused serves.  The Convening Authority may, at his (it’s a male General Officer in this case) sole, nonreviewable discretion, approve the findings or sentence in whole or in part, and may reduce or delete the sentence as he sees fit.  He may not increase the sentence under any circumstances.  Once ACCA issues their ruling then either party may appeal to the Court of Appeals for the Armed Forces.  CAAF can review under the same terms as ACCA, or they can refuse to hear the case.  If CAAF reviews, that opens the door to SCOTUS review, but if CAAF refuses, then that forecloses review by SCOTUS.

All motions, rulings, and evidential documentation associated with the case has been made available here.   Also, there are unofficial transcripts available here.

Manning Trial Update and Open ThreadPost + Comments (52)

Manning Court Martial Update

by Soonergrunt|  August 14, 20133:33 pm| 133 Comments

This post is in: Chelsea Manning, Open Threads

On Monday, the Trial Counsel rested their sentencing phase case in chief.  Yesterday, the Defense began their sentencing case, and then and this morning, the Defense put on two military psychiatrists, an Army Captain (O-3) who treated PFC Manning prior to his fateful deployment, and a Navy Captain (O-6) who interviewed PFC Manning extensively for his RCM 706 (sanity) board.  Both doctors were called by the Defense, and testified about their dealings with Manning as a patient and subject.  Both doctors stated that Manning has gender identity disorder and narcissistic personality traits.  Both, according to CNN and the Washington Post testified that these were contributing factors in PFC Manning’s misconduct.  I do not know at this time how they testified under cross examination by the Trial Counsel.  Note that the RCM 706 board found that PFC Manning was legally sane at the time he engaged his misconduct and was further able to assist in his own defense.

PFC Manning’s aunt and sister will apparently take the stand today, and the Defense has announced that PFC Manning will address the Court.  I haven’t been able to find anything as to whether it will be a sworn testimony, subject to cross examination and the penalties of perjury or it will be an unsworn statement (something not available in civilian court.)

As per all of these posts, you may find unofficial transcripts here, provided by the Freedom of the Press Foundation.  You might wish to consider tossing them some coin if you find their service useful.  Additionally, here is the link to the Army’s FOIA Reading Room for the Manning trial, including all of the unclassified case filings and rulings.

Also too, open thread

UPDATE: PFC Manning is addressing the Court right now.  I do not have any information as to whether or not it is the sworn or unsworn statement.  According to Breaking News twitter feed, “Bradley Manning tells court-martial he apologizes for his actions, says he hurt US – @Reuters”

UPDATE 2: PFC Manning’s statements to the Court are an unsworn statement, per AP.

show full post on front page

UPDATE 3: PFC Manning’s unsworn statement to the Court, h/t Little Green Footballs:

First your Honor. I want to start off with an apology. I am sorry. I am sorry that my actions hurt people. I am sorry that it hurt the United States. At the time of my decisions, as you know, I was dealing with a lot of issues— issues that are ongoing and they are continuing to affect me.

Although they have caused me considerable difficulty in my life, these issues are not an excuse for my actions. I understood what I was doing and the decisions I made. However, I did not truly appreciate the broader effects of my actions. Those effects are clearer to me now through both self-reflection during my confinement in its various forms and through the merits and sentencing testimony that I have seen here.

I am sorry for the unintended consequences of my actions. When I made these decisions I believed I was gonna help people, not hurt people. The last few years have been a learning experience. I look back at my decisions and wonder, ‘How on earth could I, a junior analyst, possibly believe I could change the world for the better over the decisions of those with the proper authority?’

In retrospect I should have worked more aggressively inside the system as we discussed during the Providence Statement and had options and I should have used these options. Unfortunately, I can’t go back and change things. I can only go forward. i want to go forward. Before I can do that though, I understand that I must pay a price for my decisions and actions.

Once I pay that price, I hope to one day live in the manner I haven’t been able to in the past. I want to be a better person— to go to college— to get a degree— and to have a meaningful relationship with my sister’s family and my family.

I want to be a positive influence in their lives, just as my Deborah has been to me. I have flaws and issues that I have to deal with, but I know that I can and will be a better person. I hope you can give me the opportunity to prove— not through words, but through conduct— that I am a good person, and that I can return to a productive place in society.

Thank you, your Honor.

Queue stupid comments about Big Brother making him love the system in 3…2…1…

Manning Court Martial UpdatePost + Comments (133)

Mid-day Balloon-Jobs Thread

by Soonergrunt|  August 6, 20131:59 pm| 106 Comments

This post is in: Balloon Juice, Chelsea Manning, Open Threads

We haven’t had one of these in a while.  You all know how it works.  If you need work or know of people who do, post some basic resume/work wanted info and so forth.  If you have work or know of people who do, post that.  Let’s help each other out.

As always from me, please check out http:www.usajobs.gov because the US Federal government is a great employer, and we’re still hiring.

On a side note, Judge (COL) Lind has approved at least part of the Defense motion to combine charges for sentencing purposes, and reduced PFC Manning’s punitive exposure from a maximum of 136 years to a new maximum of 90 years.  Many of the people I’ve talked to expect a sentence in the 10 to 20 year range.  Testimony is continuing today with more personnel from the State Department.    Open thread.

One more thing: Drunk fish have no fear of robots.

Mid-day Balloon-Jobs ThreadPost + Comments (106)

Well, that was interesting.

by Soonergrunt|  August 3, 201312:18 pm| 53 Comments

This post is in: Chelsea Manning, Open Threads

I’m not sure what was happening here earlier, but not being able to post gave me time to try out the new swing and whips er, lawn mower.

What’s up with you all?

Thursday was the first day of the sentencing phase of PFC Manning’s court-martial.  He was, you will all recall, acquitted of the Art. 104 specification for “Aiding the Enemy” which could possibly have resulted in his imprisonment for life.  On Thursday, the Government witness stated under direct examination that the Taliban had executed a village elder in one village and claimed that they had found the man’s name and information in the Wikileaks document cache.  On cross-examination, it was revealed that the witness, having searched that cache for that victim’s name, could not find the name anywhere.  The Judge sustained the Defense’s objection to that part of the testimony and struck it from the record and stated that she would not consider it in her sentencing deliberations.  On Friday, two State Department personnel were on the witness stand, and one testified that she had overseen the very expensive and time consuming process to move DoS secured traffic off of SIPRNet (the system that Manning compromised) and onto JWICS, a more secure system for TOP SECRET traffic.  She testified as to the disruption in service this caused the State Department, as well as the financial cost, and the ongoing degredation of service, due to the various restrictions on that system and those who access it.  Another State Department employee spoke about how several human rights activists in different places have stopped talking to them because their security can no longer be guaranteed, and how several people had to be extracted from their home countries and relocated to the US or to other locations for their safety.  The court went into a classified session with this witness still on the stand.

Additionally, Manning’s legal team, consisting of David Coombs and two JA officers, filed several motions in relation to the Judge’s verdict, seeking to merge various specifications (and thereby limit Manning’s exposure to confinement) under the theory that convictions on multiple charges and specifications for singular or ongoing acts (referred to as multiplicity) is unfair and probably unconstitutional.  This has been an ongoing issue in the military justice system for some time.  For example, Manning was convicted of improperly accessing a secured computer on a certain date under one charge/spec.  He was also convicted of stealing government property (data) on that date, under another charge/spec.  He was convicted under another charge/spec for unlawfully placing classified data on an information system not rated or secured for that purpose (his own personal laptop) on that same date.  And he was convicted of espionage as a charge/spec for transmitting that data to a foreign national not cleared to receive it, again on the same date.  And finally, he was convicted of one charge/spec of conduct that was prejudicial go good order and discipline on that same date for committing acts that were violations of US law.  It is Manning’s team’s contention that all of these acts were subordinate parts of one predicate crime, and that Manning should only be liable for the most serious crime, espionage, which would reduce his punitive exposure to 10 years from 30 years for this particular incident on that particular day.  If they are successful, and there’s reason to believe they will be at least partly successful, they could reduce Manning’s maximum exposure from 136 years to something in the neighborhood of 100 years.  It is likely however, that the court will not merge the Article 134 charges/specs with the other charges because Article 134 covers that conduct that is prejudicial to good order and discipline or that conduct that brings discredit upon the service.  That is a uniquely military crime and will likely be treated as such, in accordance with recent developments in the military justice system.  As always, mistakes or bad information from me is solely my responsibility and not the responsibility of people who have very graciously given of their time and expertise to me.

The Army has set up a FOIA reading room, where the public may peruse filings and rulings and other such here.  Some organization has been creating transcripts by court reporters with the court’s permission and posting them on the web twice daily, but I can’t find the link for that.

Well, that was interesting.Post + Comments (53)

Manning Verdict Today–Acquitted of Aiding the Enemy, Guilty of all other charges.

by Soonergrunt|  July 30, 201310:18 am| 168 Comments

This post is in: Chelsea Manning, Open Threads

The Judge, COL Denise Lind announced to the parties that she would have the verdict today.  It should be coming in around 2:00 PM Eastern time, but possibly sooner.  Since PFC Manning has already plead guilty to several charges and specifications as lesser included offenses to the original charges and specifications, there will be a sentencing phase, which will occur immediately after the verdict is passed and the findings phase is concluded.

The sentencing phase will be essentially, another trial.  The Trial Counsel will present a case for a certain maximal punishment, which will include the possibility of life without parole if the Aiding the Enemy spec is included.  The Defense will present a case to minimize that potential punishment as much as possible.  This will likely include a feature not found in civilian trials, the Unsworn Statement, in which the Accused will be allowed to address the Court, with assistance of Counsel and make a statement for the record that, because it is unsworn, is not subject to cross-examination or to penalty of perjury.  The Judge will then retire to determine the sentence.  Just for the charges to which he has plead guilty, PFC Manning faces a maximum of twenty years in confinement, Dishonorable Discharge, reduction to E-1, and total forfeiture of all pay and allowances.  He will get sentence credit for each day he has spent in pre-trial confinement, as well as an additional 110 days sentencing credit for the unnecessarily harsh conditions in which he was kept for part of his time in the Quantico Brig.

In the event that his sentence exceeds one year or includes a punitive discharge, review by the Army Court of Criminal Appeals of the findings and the sentence is automatic under Article 66, UCMJ.  This is another right that Civilians do not have, in addition to the rights of the Accused to petition the Convening Authority for clemency, under which the CA can also review findings and sentence.  In both cases, the ACCA or the CA may, at their sole unreviewable discretion, set aside the findings or the sentence in whole or in part.  In neither case can the sentence be increased beyond what the trial Judge issues.  Additionally, the Army Clemency Review Board may reduce the sentence as they see fit, and this is also a nonreviewable decision.  Assuming that PFC Manning appeals to the Court of Appeal for the Armed Forces, that court may also review the record and make findings with respect to findings and sentence of the Court-Martial, and may reduce or obviate the sentence as they see fit.  If CAAF reviews, then that opens the door to SCOTUS review.  If CAAF does not review the case, then SCOTUS does not have appellate jurisdiction, and SCOTUS has never reviewed the law (Art. 67-a, UCMJ) that limits their jurisdiction here.  Every single challenge to the constitutionality of Art. 67-a has been refused hearing by SCOTUS.  The information contained in this paragraph however, refers to events which are two to five years away from today.

Also too, Open Thread

 

UPDATE:  MANNING NOT GUILTY OF AIDING THE ENEMY.  Tweeted by @kgosztola, @NathanLFuller

NBCNews.com reports that the Judge found him “guilty of two other charges.”  update–Guilty of all other charges including theft of government property, and espionage.  That last one is included in military law under a UCMJ provision that makes violating federal criminal statues a criminal act under the UCMJ.  It could carry a possible life sentence.  The Sentencing phase will begin immediately–like, after a short recess.  This is not like civilian criminal court where there’s a break of several days to weeks.

UPDATE: Sentencing phase of the Court-Martial will begin tomorrow morning at 0930hrs, Eastern.  PFC Manning faces a maximum sentence of 136 years in confinement, reduction to E-1, forfeiture of all pay and allowances, and dishonorable discharge from the Army.

Manning Verdict Today–Acquitted of Aiding the Enemy, Guilty of all other charges.Post + Comments (168)

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